TERMS & CONDITIONS
Article 1. Definitions
1.1. General Terms and Conditions: these general terms and conditions.
1.2. WEBSHOT: WEBSHOT registered with the Chamber of Commerce under file number 51317915
1.3. Client: the natural or legal person who has concluded an Agreement with WEBSHOT.
1.4. Agreement: The agreement between WEBSHOT and the Client in order to purchase the products and / or services from WEBSHOT.
1.5. Party / Parties: Party / Parties to the Agreement to be concluded.
1.6. Netiquette: the generally accepted rules of conduct on the internet as laid down in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future adjustments thereof.
1.7. Website: www.webshot.nl
Article 2. Communication
2.1. The version of the communication in question received or stored by WEBSHOT serves as proof thereof, subject to proof to the contrary by the Client.
Article 3. Obligations / rights of the Client
3.1. The client always informs WEBSHOT immediately in writing of any changes in name, address, email and, if requested, his / her bank or giro account number.
3.2. WEBSHOT has no knowledge of the data hosted on its servers. The Client will refrain from storing and / or distributing unlawful material, including erotic, defamatory and racist content on WEBSHOT’s servers. In addition, WEBSHOT does not allow sending unsolicited e-mail from the severs of WEBSHOT.
Should WEBSHOT have a reasonable suspicion of or come to the realization that the material that the Client has stored and / or made accessible using the hosting service is unlawful, WEBSHOT will act immediately to remove the material or access it. to do this. This is in WEBSHOT’s opinion. Under no circumstances will WEBSHOT be liable for damage resulting from such actions.
3.3. The Client indemnifies WEBSHOT against all legal claims with regard to the data stored by the Client (documents, files, website (s), module (s) and the like).
3.4. Client refrains from hindering other clients or internet users or causing damage to the servers. The Client is forbidden to start processes or programs, whether or not via the server, which the Client knows or can reasonably suspect that this hinders WEBSHOT, other Clients or internet users or causes damage. WEBSHOT will inform the Client of any measures.
3.5. The Client indemnifies WEBSHOT against all legal claims with regard to the data, information, website (s) and such stored by the Client.
3.6. Client will adhere to the Netiquette.
3.7. Without permission from WEBSHOT, the Client is prohibited from transferring the user name or usernames and password or passwords provided by WEBSHOT to third parties.
3.8. WEBSHOT has the right to limit the use of the delivered products and services, or not to supply them or to supply them only in a limited manner, if the Client fails to comply with an obligation to WEBSHOT with regard to the Agreement or acts contrary to these conditions.
3.9. Client is bound by the amount of data traffic as described in the Agreement. If this amount is exceeded, WEBSHOT is authorized to charge an additional amount in accordance with the amounts stated for data traffic in the Agreement.
The measurements made by WEBSHOT with regard to the amount of data traffic serve as proof and are binding on the Client.
3.10. In addition to the legal obligations, damage caused by incompetence or failure to act in accordance with the above points is for the account of the Client.
Article 4. Agreement / delivery time
4.1. The Agreement runs from the moment the electronic agreement is confirmed. If it concerns a written agreement, the agreement will commence when it has been signed by the Client and returned to WEBSHOT.
4.2. The delivery period specified by WEBSHOT always has an indicative purpose. No rights can be derived from these terms.
Article 5. Domain names and IP addresses
5.1. If it has been agreed that WEBSHOT will mediate for the Client in obtaining a domain name and / or IP addresses, the provisions of this article also apply.
5.2. The application, allocation and possible use of a domain name and / or IP addresses depend on and are subject to the applicable rules and procedures of the relevant registration authorities, including the Internet Domain Registration Netherlands Foundation. The relevant authority decides on the allocation of a domain name and / or IP addresses. WEBSHOT only plays a mediating role in the application and does not guarantee that an application will also be honored.
5.3. The client can only ascertain from the electronic confirmation from WEBSHOT, in which it is stated that the requested domain name has been registered, the fact of registration. An invoice for registration costs is not confirmation of registration.
5.4. Domain names are registered in the name of the Client and the Client is fully responsible for the use of the domain and the domain name. The client indemnifies WEBSHOT against any third-party claim in connection with the use of the domain name, even if WEBSHOT has not provided mediation when acquiring the domain name.
5.5. The minimum duration of the Agreement with regard to domain names depends on the chosen domain extension.
Article 6. Liability
6.1. WEBSHOT accepts legal obligations for compensation to the extent that this appears from this article.
6.2. The total liability of WEBSHOT due to imputable failure to comply with the Agreement is limited to compensation for direct damage to a maximum of the amount stipulated for that Agreement (excluding VAT). If the Agreement is mainly a continuing performance contract with a duration of more than six months, the stipulated price is set at the total of the reimbursements (excluding VAT) stipulated for three months. Under no circumstances will the total compensation for direct damage amount to more than 1000 Euros.
6.3. Liability of WEBSHOT for indirect damage, including consequential damage, lost profit, lost savings, loss of (business) data and damage due to business interruption is excluded.
6.4. Given the large number of nodes with human intervention on the Internet, the use of local networks and wireless communication, one must take into account the fact that the information obtained or transmitted via the Internet is freely accessible. WEBSHOT cannot be held liable for damage in any form caused by the sending of confidential or secret information. WEBSHOT is not liable for the security or misuse by third parties of the data that is stored.
6.5. Apart from the cases referred to in Article 6.2, WEBSHOT has no liability whatsoever for compensation, regardless of the basis on which an action for compensation would be based. However, the maximum amounts referred to in Article 6.2 will lapse if and insofar as the damage is the result of intent or gross negligence on the part of WEBSHOT.
6.6. The client indemnifies WEBSHOT against all claims from third parties.
6.7 WEBSHOT is not responsible for the translation errors within the standard CMS system modules of Magento CE (Community Edition).
6.8. WEBSHOT is entitled to engage third parties in the execution of its Agreements.
6.9. These Terms and Conditions apply to all quotations, Agreements and deliveries from WEBSHOT, unless explicitly agreed otherwise in writing.
Article 7. Duration and termination
7.1. The Agreement for hosting and domain name services, as well as for search engine optimization, is entered into for a minimum period of twelve months. Unless otherwise agreed in writing, in the absence of a written cancellation, the agreement will always be tacitly extended by a period of one year.
7.2. The Agreement for hosting services, search engine optimization and domain names can only be terminated in writing by the Parties, subject to a notice period of 2 (two) months.
7.3. All Agreements for other services, including the development of web applications, are entered into for the duration of the project, unless otherwise agreed.
7.4. If the Client fails to comply with any of its obligations under the Agreement or on the basis of these terms and conditions, WEBSHOT has the right to terminate all Agreements concluded with the Client concerned without a notice of default or judicial intervention being required and without prejudice to WEBSHOT’s right to compensation for damage. , lost profit and interest.
Article 8. Obligations / rights WEBSHOT
8.1. Insofar as not otherwise agreed in writing, WEBSHOT guarantees that the assignment given to it has been carried out to the best of its ability with due care and expertise.
8.2. WEBSHOT makes every effort to inform the Client about the nature and expected duration of the interruption in the event of the service or product being unavailable due to malfunctions, maintenance or other causes. This information will be provided via the Website or by electronic messaging.
8.3. WEBSHOT reserves the right to temporarily suspend its systems for maintenance, modification or improvement of WEBSHOT systems. WEBSHOT will endeavor to keep such a decommissioning outside office hours as much as possible.